NIRMAL Vs. SATPAL

JUDGEMENT

(1.) This common order shall dispose of above mentioned two transfer applications as they are similar in nature.

(2.) Prayer in the first petition is for transfer of the civil suit, filed by the respondent-husband praying for decree of declaration that the petitioner-wife is mentally ill and insane person and she should be sent to the Govt. Mental Asylum, titled as Satpal vs. Nirmal @ Nirmala and others, pending before the Civil Judge (Sr. Divn.), Panipat to the competent Court of jurisdiction at Karnal. Prayer in the second petition is for transfer of the petition filed by the respondent-husband under Sec. 13(i)(ii) and 1(ia) of the Hindu Marriage Act, 1955 and Sec. 74 of the Mental Health Act, 2017, titled as Satpal vs. Nirmal @ Nirmala and others, pending before the Family Court, Panipat to the competent Court of jurisdiction at Karnal.

(3.) The common grounds taken in both the petitions are that the petitioner has filed a petition under Sec. 125 Cr.P.C. at Karnal, however, no maintenance is being paid. It is submitted that the respondent-husband has filed aforesaid two cases at Panipat in order to harass the petitioner and he has arrayed not only the petitioner but also the family members including maternal uncles etc. as party, though there is no such mental illness faced by the petitioner.